FREQUENTLY ASKED QUESTIONS OF VICTIM SERVICES

If you don’t see your question below, please contact us via public affairs office or social media with your question.

The law enforcement agency that took the report is the only agency authorized to give you a report. If they do not want to release it because the incident is still under investigation, you can ask them for a redacted copy. A redacted copy means that sensitive information has been removed. After any criminal proceedings have concluded, you may be able to get a copy with more information.

Per CA Family Law Code 6228, a victim of domestic violence, sexual assault, stalking, human trafficking, or elder abuse have a right to a free copy of the redacted report.

There are many reasons a case is continued. Sometimes the deputy district attorney and defense attorneys need to make sure all the evidence is exchanged or prepare the case, and make sure witnesses are available. Court room availability is another reason a case can be continued. Sometimes the attorneys are negotiating a way to resolve the case without going to trial. It can be frustrating, but usually there is a good reason for the delay. It can take time to sort out a case, months or years depending on the case, and several continuances are not unusual. You can contact an advocate for more details on your case.

A defendant may be out of custody for a few reasons. There may be an existing warrant and law enforcement may be looking for the defendant. If the defendant was in custody but is now out, they may have posted bail, or have been released on own recognizance. The judge is the one who makes the decision to release a defendant on his own recognizance. If you have concern for your safety, consider talking to an advocate about a protective order or other safety measures.

Marsy’s Law includes a victim’s right to the return of property when no longer needed as evidence. You can contact the law enforcement agency that took the report, to see if they have it in evidence. If you have any problems, you can contact an advocate to assist.

You can call and ask the court to put you on calendar, which means set a hearing date so that you can let the judge know why you would like the CPO removed.

The district attorney’s office is responsible for filing criminal charges against the defendant. It is a common misconception that the victims are filing or “pressing” charges against the suspect. The DA’s Office has a duty to protect not only the victim’s safety, but the community at large. Our office is interested in your feelings about prosecution and may take that into consideration.